His
Side

Families and the War
As the United States prepares for war against Iraq, tens of
thousands of fathers who serve as reservists are preparing
to say goodbye to their families and serve their country
overseas. Yet, America's enemies abroad are not the only
danger these dedicated men will face. Upon return, those
with child support orders will face a threat here at home
 the war that is being waged against "deadbeat
dads."

Bobby Sherrill, a divorced father of two from Parkton,
N.C., was a casualty of that war. Mr. Sherrill, who worked
for Lockheed in Kuwait before being captured and held
hostage by Iraq for nearly five harrowing months, was
arrested the night he returned from the Persian Gulf War.
Why? For failing to pay $1,425 in child support while he was
a captive.

If laws are not changed, thousands of today's reservists
could face a similar threat. Reservists' child-support
obligations are based upon their civilian pay, which is
generally higher than their active-duty armed forces pay.
When a child-support obligor's pay decreases, the remedy is
to go to court and get a downward modification. However,
since reservists are often mobilized with as little as
24-hours notice, few are able to get these modifications
before they leave. As a result, many reservists fall
hopelessly behind while serving, and can be subject to
arrest for nonpayment of child support upon their
return.

For example, a naval reservist who has three children and
who takes home $4,000 a month in his civilian job could have
a child support obligation of about $1,600 a month. If this
father is a petty officer second class (E5) who has been in
the reserves for six or seven years  a middle-ranked
reservist  his active-duty pay would only be $1,912
before taxes, in addition to a housing allowance.

States assess interest on arrearages as well as penalties
on past-due child support. Because the federal Bradley
amendment prevents judges from retroactively modifying or
forgiving support, obligors who fall behind for legitimate
reasons cannot have these arrearages wiped out. And even
those returning servicemen who avoid jail or other sanctions
may still spend years trying to pay off their child support
debt  a debt created entirely by their willingness to
serve their country.

Though the Family Support Act of 1988 allows noncustodial
parents who have had a reduction in income to request a
decrease in their child support by getting downward
modifications, few state agencies honor such requests.
According to Elaine Sorensen of the Urban Institute, even
among fathers who experience income drops of 15 percent or
more, less than one in 20 are able to get courts to reduce
their child-support payments. Because state agencies are
federally reimbursed for every child-support dollar they
collect, states have a powerful incentive to grab and hold
on to every dollar they can.

Another problem is that the child support money that the
armed forces are supposed to take out of reservists'
paychecks and send to their families sometimes does not
arrive. This was an issue for many Gulf War veterans, and
reservists are having similar difficulties today. For
example, Diane Keary, a custodial mother from Monsey, N.Y.,
has not received a child-support check since Joseph Keary
Sr., her ex-husband, was called to active duty five months
ago. Computer glitches such as this, as well as billing
errors, can leave reservists subject to government sanctions
upon their return.

What is needed to solve the problem is legislation like
that passed by the Missouri legislature in the days leading
up to the Gulf War. The Missouri statute, which is unique in
the nation, requires an automatic adjustment of support for
reservists called up for active duty.

During the Gulf War, more than 250,000 reservists were
called up, and today more than 75,000 reservists and
National Guard troops are on active duty as a result of the
events of September 11. Many are now being notified that
they will be expected to serve another year, and a total of
1.3 million reservists could be called into service for
indefinite periods in the event of war.

James, a 16-year veteran of the Navy and the commander of
a 177-member Naval Reserve Unit on the West Coast, is
concerned about the effect that the current child-support
policies could have upon his sailors when they are called to
active duty. He says: "My people are sacrificing a lot to
serve. I want them focused on our assigned mission. I don't
want them worrying that their own government might come
after them.

Truth never damages a cause that is just. -
Mohandas K. Gandhi

* * *

Glenn Sacks is
a men's and fathers' issues columnist and a
nationally-syndicated radio talk show host. His
radio show, His
Side with Glenn Sacks,
can be heard on KMPC 1540 AM in Los Angeles and on
KKOL 1300 AM in Seattle. His columns have appeared
in dozens of the largest newspapers in the United
States, and he has made hundreds of radio and
television appearances. He invites readers to visit
his website at www.glennsacks.com.
He can be reached at E-Mail.